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Jainul Abedin Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Jainul Abedin Vs The State of BiharJainul Abedin v. The State of Bihar

Disposed¶35

Jainul Abedin v. The State of Bihar

Patna HC4 Mar 2025CWJC/3370/2025

Case brief

AI extract

What is this about?

Patna HC, CWJC No.3370 of 2025, decided 04-03-2025 by Nawneet Kumar Pandey, J. Petitioners Jainul Abedin and Manajir Siddiqui challenged the DCLR Barsoi order dt. 30.03.2024 in Case No. 133 of 2022-2023 directing measurement/demarcation of Plot No. 93, Khata 29, Thana No. 197, Mauza Saraliya (22.5 decimal) and removal of their possession, and the CO Kadwa execution notice dt. 30.12.2024 (Memo No. 3276); counsel noted an appeal was already pending before the appellate authority (Bihar Land Dispute Resolution Case No. 133/2022-23). Court disposed of the writ, directing petitioners to the Appellate Authority. Keywords: land demarcation; execution notice; revenue case; appellate remedy; writ disposed.

What did the court decide?

Direction to the petitioners to raise their grievance before the Appellate Authority; the writ petition was disposed of on that basis.

Why is it important?

The petitioners may raise their grievance before the Appellate Authority; accordingly, the writ petition is disposed of without adjudication of the merits of the sought quashing. ¶35

What the court decided

AI extract

Outcome

Direction to the petitioners to raise their grievance before the Appellate Authority; the writ petition was disposed of on that basis.

Issue for consideration

Whether the order dated 30.03.2024 passed by the Deputy Collector Land Reforms, Barsoi in Case No. 133 of 2022-2023 (directing measurement and demarcation of the land at Mauza Saraliya, Thana No. 197, Khata 29, Plot No. 93, and removal of possession found with the petitioners after measurement) and the consequent execution notice dated 30.12.2024 issued by the Circle Officer, Kadwa ought to be quashed.

Court's answer

The petitioners may raise their grievance before the Appellate Authority; accordingly, the writ petition is disposed of without adjudication of the merits of the sought quashing.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J), Civil Writ Jurisdiction Case No.3370 of 2025, decided 04-03-2025. Petitioners Jainul Abedin and Manajir Siddiqui sought (i) quashing of the order dated 30.03.2024 passed by respondent no. 6, the Deputy Collector Land Reforms, Barsoi, in Case No. 133 of 2022-2023, whereby the Circle Officer, Kadwa was directed to measure and demarcate the land at Mauza Saraliya, Thana No. 197, Khata 29, Plot No. 93 (Area No. 22.5 decimal) and remove illegal possession found with the petitioners after measurement; (ii) quashing of the notice dated 30.12.2024 issued under Memo No. 3276 by the Circle Officer, Kadwa in execution of that order; and (iii) interim restraint on both during pendency. Learned counsel submitted that the petitioners had already approached the appellate authority against the DCLR, Barsoi order in Bihar Land Dispute Resolution Case No. 133/2022-23. Holding: the petitioners may raise their grievance before the Appellate Authority; the writ petition was disposed of.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3370 of 2025

======================================================

Jainul Abedin Son of Late Ali Hassan, resident of village Taiyabpor (Saraliya), Post Office - Kurhela Bobra, Police Station - Kadwa, DistrictKatihar.

Manajir Siddiqui, Son of Zainul Abedin @ Jainul Abedin, resident of village Taiyabpor (Saraliya), Post Office - Kurhela Bobra, Police Station - Kadwa, District – Katihar. ... ... Petitioner/s

Versus

The State of Bihar through The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

The Divisional Commissioner, Purnia Division, Purnia.

The Collector cum District Magistrate, Katihar.

The Additional Collector Katihar.

The Sub-Divisional Officer Barsoi Sub-Division, Katihar.

The Deputy Collector Land Reforms, Barsoi, Katihar.

The Circle Officer Kadwa Circle, Katihar.

The Circle Amin, Kadwa Circle, Kadwa Katihar.

Sahib Hussain, S/o Sadique Hussain, resident of Village -Taiyabpur Sarliya, Post Office - Khurela Bobra, Police Station - Kadwa, District - Katihar.

Md. Tabib Akhter, S/o Late Md. Raziuddin, Resident of village- Nauranga, Post Office - Barsoi Ghat, Police Station Azamnagar, District - Katihar.

Md. Raghib Alam, D/o Late Md. Raziuddin, Resident of village- Nauranga, Post Office - Barsoi Ghat, Police Station Azamnagar, District - Katihar.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr.Md. Helal Ahmad For the Respondent/s : Mr.Standing Counsel (25)

======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 04-03-2025 Heard the parties.

The present writ application has been filed by the

petitioners for following reliefs:-

“(i) For quashing of dated 30.03.2024 passed in Case No. 133 of 2022-2023 by the respondent no. 6. The Deputy Collector Land Reforms, Barsoi whereby Circle Officer, Kadwa directed to measure the lands and demarcate the lands situated at Mauza Saraliya Than No. 197 Khata 29 Plot No. 93

Patna High Court CWJC No.3370 of 2025(2) dt.04-03-2025 2/2

Area No. 22.5 decimal and also directed to remove illegal possession from the lands if after measurement there is possession of petitioner.

(ii) For quashing of notice dated 30.12.2024 issued under Memo No. 3276 by the Circle Officer, Kadwa in execution of order dated 30.03.2024 passed in Case No. 133/20222023 by respondent No. 6.

(iii) For that during pendency of this writ application before this Hon;ble High Court, the impugned order dated 30.03.2024 passed in Case No. 133/2022-2023 by respondent no. 6 and also the notice dated 30.12.2024 issued under memo No. 3276 by respondent no. 7.”

Learned counsel for the petitioners has submitted

that the petitioners have approached the appellate authority against the order dated 30.03.2024 passed by DCLR, Barsoi in Bihar Land Dispute Resolution Case No. 133/2022-23.

The petitioners may raise their grievance before the Appellate Authority. Accordingly, this writ petition is disposed of.

(Nawneet Kumar Pandey, J)

Nirmal/- U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 30.03.2024 passed by the Deputy Collector Land Reforms, Barsoi in Case No. 133 of 2022-2023 (directing measurement and demarcation of the land at Mauza Saraliya, Thana No. 197, Khata 29, Plot No. 93, and removal of possession found with the petitioners after measurement) and the consequent execution notice dated 30.12.2024 issued by the Circle Officer, Kadwa ought to be quashed.¶28
The court held
The petitioners may raise their grievance before the Appellate Authority; accordingly, the writ petition is disposed of without adjudication of the merits of the sought quashing.ratio¶35

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 30.03.2024 passed by respondent no. 6, the Deputy Collector Land Reforms, Barsoi, in Case No. 133 of 2022-2023, directing the Circle Officer, Kadwa to measure and demarcate the land at Mauza Saraliya, Thana No. 197, Khata 29, Plot No. 93 (Area No. 22.5 decimal) and remove illegal possession found with the petitioners after measurement.¶28
Deputy Collector Land Reforms, Barsoi (respondent no. 6) · 30.03.2024
Prior proceeding
Execution stage: notice dated 30.12.2024 issued under Memo No. 3276 by the Circle Officer, Kadwa in execution of the order dated 30.03.2024 passed in Case No. 133/20222023 by respondent No. 6; its quashing was also sought (relief ii).¶31
Prior proceeding
As submitted by learned counsel for the petitioners (submission, not a court finding), the petitioners had approached the appellate authority against the order dated 30.03.2024 passed by DCLR, Barsoi in Bihar Land Dispute Resolution Case No. 133/2022-23.¶34

Parties & counsel

AI extract

petitioner
Jainul Abedin¶4
Md. Helal Ahmad
petitioner
Manajir Siddiqui¶5
Md. Helal Ahmad
respondent
The State of Bihar through The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna¶7
Standing Counsel (25)
respondent
The Divisional Commissioner, Purnia Division, Purnia¶8
Standing Counsel (25)
respondent
The Collector cum District Magistrate, Katihar¶9
Standing Counsel (25)
respondent
The Additional Collector Katihar¶10
Standing Counsel (25)
respondent
The Sub-Divisional Officer Barsoi Sub-Division, Katihar¶11
Standing Counsel (25)
respondent
The Deputy Collector Land Reforms, Barsoi, Katihar¶12
Standing Counsel (25)
respondent
The Circle Officer Kadwa Circle, Katihar¶13
Standing Counsel (25)
respondent
The Circle Amin, Kadwa Circle, Kadwa Katihar¶14
Standing Counsel (25)
respondent
Sahib Hussain¶15
Standing Counsel (25)
respondent
Md. Tabib Akhter¶16
Standing Counsel (25)
respondent
Md. Raghib Alam¶17
Standing Counsel (25)

Coram

AI extract

Nawneet Kumar Pandeyauthor¶23

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Mar 2025 · March
Registered: 21 Feb 2025
Case no.: CWJC/3370/2025
CNR: BRHC010152152025
Bench: Nawneet Kumar Pandey
Disposal: DISPOSED
Case type: CWJC

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Cite this judgement

Jainul Abedin v. The State of Bihar, CWJC/3370/2025 (PAT), decided on 4 March 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Order dated 30.03.2024 passed by respondent no. 6, the Deputy Collector Land Reforms, Barsoi, in Case No. 133 of 2022-2023, directing the Circle Officer, Kadwa to measure and demarcate the land at Mauza Saraliya, Thana No. 197, Khata 29, Plot No. 93 (Area No. 22.5 decimal) and remove illegal possession found with the petitioners after measurement.Deputy Collector Land Reforms, Barsoi (respondent no. 6) · 30.03.2024
Execution stage: notice dated 30.12.2024 issued under Memo No. 3276 by the Circle Officer, Kadwa in execution of the order dated 30.03.2024 passed in Case No. 133/20222023 by respondent No. 6; its quashing was also sought (relief ii).
As submitted by learned counsel for the petitioners (submission, not a court finding), the petitioners had approached the appellate authority against the order dated 30.03.2024 passed by DCLR, Barsoi in Bihar Land Dispute Resolution Case No. 133/2022-23.

View full history

Bench / Coram

Nawneet Kumar Pandey

Parties & counsel